Legal background
- There is no existing primary legislation specifically relating to school uniform or other aspects of appearance. Decisions about individual schools’ uniform policies are a matter for the school’s governing body or academy trust. However, as set out above, the Department for Education publishes non-statutory guidance on school uniform to support schools with this.
- The Act inserts new section 551A into Chapter III (Other Provisions about Schools) of Part X (Miscellaneous and General) of the Education Act 1996. This new section imposes a statutory duty on the Secretary of State to issue guidance to the appropriate authorities of relevant schools in England on the costs aspects of school uniform policies, to which those authorities must have regard (see definitions under ‘Commentary on provisions of Act’ below).